the icc and the crimes of terrorism

the icc and the crimes of terrorism - The establishment of...

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The establishment of the International Criminal Court (ICC) is generating an importance mile stone for the punishment of the international crimes committed by individuals, with the measures of multilateral cooperation. The ICC has been conducting prosecutions since 2003 around the world for the serious international crimes. In comparison with the United Nations (UN) main legal organ International Court of Justice(ICJ),the ICC stands for a more global and active legal institution. The terrorism is the one of the oldest crimes of the history of civilisation 1 . Even the methods and also the notions of the terrorism have changed in centuries; these types of actions remain as the one of the most serious threats for societies 2 . Despite of its importance, unfortunately the crimes of terrorism are out of the ICC’s jurisdiction many different reasons. This research paper is going to explain the future possibility for the ICC to exercise its jurisdiction on these types of crimes by briefly explaining the history and structure of the Court with describing differences between the ICC and the ICJ. The History and the Structure of the ICC: Before the establishment of the ICC there were many practices of international tribunals such as Nuremberg Trials (1945-46), International Criminal Tribunal for Rwanda (1995-. ..) and former Yugoslavia (1993-2009). Those examples of international tribunals were generally set up on limited case by case criminal offences 3 . However, these tribunals were not permanent and also there was a lack of an international institution for to deal with crimes against international law and principles. The need of an international criminal justice system has leaded the United Nations to organise an international conference in Rome on July 1998, to discuss the issues on international law and its legislation. In the end of the Rome Conference an international treaty which is known as Rome Statute of International Criminal Court has been accepted and the official establishment process of ICC has started. The ICC has become effective on July 2002 and has been operating since 2003. Even though the Roman Conference was convened by the United Nations General Assembly, the ICC is completely an independent institution and is no part of the United Nations (UN) 4 . 1 Yilmaz, S “ Security and Intelligence in 21th Century” (in Turkish), Alfa Publishing, Istanbul, June 2006, p.501 2 ibid. 3 ICC, About the Court , ICC Online, 2008, retrieved on 11 October 2009, <http://www.icc-cpi.int/Menus/ICC/About+the+Court/> 4 ibid.
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Structure of the ICC consists of five organs which were Presidency, Judicial Divisions, Office of the Prosecutor, Registry and Other Offices such as headquarters, detention units etc. Mainly the Presidency of the ICC is dealing with the administration of the Court
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This note was uploaded on 02/25/2010 for the course PICT ISS806 taught by Professor Islam during the Three '09 term at Macquarie.

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the icc and the crimes of terrorism - The establishment of...

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